Child Custody

Houston Child Custody Attorney

Understanding Texas Conservatorship (Custody) Cases

Conservatorship is the legal term for custody in Texas. It deals with a person’s relationship with a child where there is a court order in place, which may apply after a divorce or when paternity is established. Grandparents or other relatives may also be able to seek conservatorship in certain circumstances.

It is important to note that legal custody can only be created by a court order. Without a court order, there is nothing to enforce, and either parent may seek to spend time with a child.

This legal framework not only protects the child’s welfare but also clarifies the parents’ rights and obligations. It's essential to understand that a conservatorship varies depending on the specific circumstances of each family, which can include considerations of the child's emotional and physical needs, their relationship with each parent, and the ability of each parent to guide and raise the child appropriately.

Who Can Be a Conservator in Houston?

A person with court-ordered custody of a child is a conservator. There are three types of conservators in Texas:

  • In most custody situations, parents will be named as Joint Managing Conservators, which means they share decision-making rights on most issues related to their child or children. The amount of time the child or children will spend with each parent will be decided separately by way of a possession order, although one parent will typically be named the custodial parent and the child or children will primarily live with this parent.
  • A Sole Managing Conservator may be named in certain circumstances, and this may be the parent or a non-parent if necessary. This person will have the sole right to make most decisions about the child. Child abuse, drug or alcohol use, or family violence may make the appointment of a sole managing conservator necessary.
  • When one parent is named as a sole managing conservator, the other parent is typically named as the Possessory Conservator. When a non-parent is named as a sole managing conservator, both parents may be named as possessory conservators. A possessory conservator maintains parental rights but will not have the final authority on most decisions regarding the child or children.

To speak with our experienced Houston child custody lawyers, call us at (713) 234-6260 or contact us online today. 


Protecting Your Child's Best Interests with a Custody Lawyer

At Kay Polk, Attorney at Law, we understand that child custody cases can be emotionally challenging and complex. Our experienced Houston custody attorney is dedicated to protecting the best interests of your child and helping you navigate through the legal process.

When it comes to child custody, it’s important to have a skilled and knowledgeable attorney by your side. Our team has extensive experience in handling conservatorship (custody) cases in Texas and can provide you with the guidance and support you need.

We work diligently to ensure that each decision regarding custody is made with your child’s welfare as the priority. By utilizing a tailored approach to every situation, we can establish parenting plans that support a child’s development, education, and emotional health. Our commitment to transparent communication and compassionate advocacy allows us to assist families in reaching amicable agreements or mounting a vigorous defense when necessary.

As a parent, you may have questions about who can be a conservator and what rights noncustodial parents have. We can provide you with the answers and help you understand your rights and responsibilities under Texas law.

While Texas does not have a "mother state" or a "father state" for custody, it is crucial to have a strong legal advocate who can present a compelling case for your desired custody arrangement. We can help you understand the Texas Standard Possession Order and explore options for sole custody if that is in the best interest of your child.

Contact our Houston child custody attorney, Kay Polk, Attorney at Law, today to schedule a consultation. We are committed to helping you protect your child’s well-being and fight for a custody arrangement that works for your family.

It’s Important to Choose a Top Child Custody Lawyer in Houston

If you have questions about custody and want to find out what rights you have in regard to obtaining conservatorship, establishing an access (visitation) order, modifying custody, or enforcing custody, you will benefit from gaining the insight of a seasoned legal professional.

Houston child custody attorney, Kay Polk, has 19 years of legal experience and worked as an amicus attorney for the courts, which means she was appointed to protect the best interests of children in family law proceedings. She is well qualified to handle any custody situation in Texas.

Understanding Custodial vs. Noncustodial Parents in Texas

Because most parents are named joint managing conservators with one as the custodial parent and one as the noncustodial parent, it is important to look at the specific differences between these.

A custodial parent will have specific responsibilities, including ensuring the day-to-day wellbeing of the child and making critical decisions regarding education, health care, and extracurricular activities. Meanwhile, the noncustodial parent will often have defined periods of visitation and contribute financially through child support to assist with raising the child. It is essential to understand how these roles differ to ensure both parents fulfill their obligations.

A custodial parent will typically:

  • Share decision-making rights with the other noncustodial parent
  • Receive child support from the noncustodial parent
  • Have custody of the child most of the time

To speak with our experienced Houston child custody lawyers, call us at (713) 234-6260 or contact us online today. 


What Rights Do Noncustodial Parents Have in Houston?

The rights of noncustodial parents are designed to maintain a meaningful relationship with their child. This includes the right to spend designated time with the child and participate in significant life decisions. While they may not have primary physical custody, their involvement in the child’s life is vital. Understanding and exercising these rights can foster a positive co-parenting dynamic and ensure that both parents contribute to the child’s upbringing.

  • Share decision-making rights with the custodial parent
  • Pay child support to the custodial parent
  • Have possession of and access to the child (parenting time/visitation)

Is Texas a Mother State for Custody Disputes?

Texas does not favor mothers over fathers in custody battles. Courts in Texas rule child custody disputes in the child’s best interest. However, it is crucial to understand the law regarding courts and the court’s discretion when determining child custody.

It is essential for all parties involved to approach custody matters with an awareness of Texas’ commitment to gender-neutral decisions. The court will rigorously evaluate which parent or arrangement serves the best interest of the child. Both parents should demonstrate their commitment to providing a stable and nurturing environment that facilitates the child’s growth and development.

If you have questions about whether you will be a custodial parent or noncustodial parent, Houston custody lawyer, Kay Polk, Attorney at Law, can help you understand what may apply in your specific situation. This is one of the areas of primary concern to our clients, and we will take care to advise you and protect your parental rights.

Exploring the Texas Standard Possession Order with a Custody Lawyer

When establishing custody, the courts will make decisions based on the best interests of the child. This will apply in divorces, paternity cases, and cases involving domestic violence or child abuse.

Most custody orders include a standard possession order (SPO) that establishes:

  • A set schedule for each parent’s time with a child.
  • Where the exchange of the child will take place.
  • Where the child will spend most holidays.
  • Special rules if the parents live more than 100 miles apart.

Courts do not need to follow the SPO if the child is under the age of three or if it would not be in the child’s best interests.

Understanding the components and nuances of the Texas Standard Possession Order is crucial for parents. It provides clarity and consistency, establishing a predictable routine that can significantly benefit the child’s emotional and social health. The SPO can be tailored to accommodate specific circumstances, ensuring it meets the unique needs of each family, which might include splitting summer vacations or considering parental work schedules.

How to Pursue Sole Custody in Houston

If you are looking for sole custody, what is known as both possessory conservatorship and managing conservatorship, you will have to prove that it is in the child’s best interests. When looking at these types of situations, the court may look at a variety of factors, especially if you are also looking to terminate the other parent’s rights.

The Houston family law court will look at factors such as:

  • The specific needs of your child.
  • If there is any history of violence from either parent.
  • If there is a history of abuse from either parent.
  • If there has been any neglect from either parent.

In these types of situations, the more evidence and documentation you can have to prove these things, the better the potential outcome of your custody case.

To seek sole custody effectively, it is vital to present a comprehensive portrayal of why such an arrangement would benefit the child most significantly. This may involve providing concrete evidence of current living conditions, expert testimonies, or recorded incidents that undermine the child’s safety or wellbeing. The courts require substantial proof before considering a shift from joint to sole custody to ensure that the child's rights and security are maintained.

Contact a Reliable Houston Child Custody Attorney Today

Conservatorship, custody, parenting time, possession, and access are all terms that influence your relationship with your child. Make sure your rights are fully protected and that your goals are realized. From divorce and custody matters to grandparents’ rights or conservatorship for non-parents, Kay Polk, Attorney at Law can use her extensive experience as a Houston custody lawyer to guide and represent you.


To speak with our experienced Houston child custody lawyers, call us at (713) 234-6260 or contact us online today. 


 

Commonly Asked Questions

What is Conservatorship?

Conservatorship is the legal term for custody in Texas. It deals with a person’s relationship with a child where there is a court order in place, which may apply after a divorce or when paternity is established. Grandparents or other relatives may also be able to seek conservatorship in certain circumstances.

Who Can Be a Conservator?

A person with court-ordered custody of a child is a conservator. There are three types of conservators in Texas: joint managing conservators, sole managing conservator, and possessory conservator.

What Factors Do Courts Consider in Houston Custody Cases?

In Houston, as in the rest of Texas, courts prioritize the best interest of the child when making custody determinations. This means assessing various factors that contribute to the child’s health, safety, and well-being. Among these considerations are the child's age, emotional and physical needs, as well as the stability that each parent can provide. Courts look closely at each parent's ability to foster a positive relationship between the child and the other parent. Reluctance or behavior by one parent that hinders the child’s access to their other parent can be detrimental in custody decisions.

Courts also consider each parent's home environment and employment stability, evaluating whether the child would thrive in such an environment. Any evidence of domestic violence, substance abuse, or neglect can significantly sway custody outcomes against the offending party. Furthermore, the child’s own preferences, especially in cases where the child is 12 years or older, are seriously considered, although not determinative. Thus, parents seeking custody are encouraged to build a strong, safe, and supportive environment that highlights their ability to prioritize their child’s needs effectively.

How Can a Houston Child Custody Attorney Assist in Legal Proceedings?

Hiring a child custody attorney in Houston ensures that you have an advocate who understands Texas family law and can interpret legal jargon that could impact your custody case. An attorney assists in organizing necessary documentation, such as financial statements, living arrangements, and references, to help build a compelling case. Their role extends to negotiating fair parenting plans that reflect the best interests of the child while safeguarding parental rights.

In addition, attorneys play a critical role during court hearings, presenting evidence effectively, cross-examining witnesses, and addressing any false accusations that might arise. They can facilitate mediation sessions and collaborative law processes aimed at reaching amicable agreements without escalating to trial. If trial becomes unavoidable, a seasoned attorney provides representation aimed at achieving favorable outcomes while minimizing emotional stress on children involved. With an attorney's guidance, parents can better navigate the complexities of the legal system, ensuring informed decisions backed by professional insights.

What Is the Impact of Relocation on Custody Agreements in Houston?

Relocation is a significant issue in custody agreements, especially in diverse metropolitan areas like Houston. When a custodial parent desires to move to a different city or state, it could substantially affect the existing custody arrangement and the noncustodial parent’s visitation rights. Courts must approve such relocations, focusing on the same guiding principle—the child’s best interest.

Parents seeking to relocate must demonstrate compelling reasons, such as employment opportunities or family support, which contribute to the child’s improved quality of life. Opposing parents have the right to contest proposed moves, highlighting how the relocation might disrupt their relationship with the child or impede on agreed parenting time. Courts will evaluate factors like the distance of the move, travel arrangements, and how effectively the parents can cooperate long-distance. If relocation is approved, custody agreements and visitation schedules are typically modified to accommodate new geographical realities, often involving arrangements such as virtual communication or extended holiday visitation periods to maintain parental bonds.

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